Managing a tenant's early departure First, tell the renter that the lease agreement is still in effect for several months. However, inform them that you value your connection with them and the courtesy with which they have handled your property, and that you will assist them in leaving if they assist you. If possible, offer to help them find a new residence before they leave.
If a tenant wants to leave early, it's best to know this in advance. Set a date by which they must give you notice of intent to leave and be sure to include that date on any notices you send out (such as the termination notice). If the tenant doesn't give you enough time to find another tenant, they may face an eviction action being filed against them.
In addition to serving a termination notice, many cities require that tenants give some amount of notice prior to their arrival date and prior to their departure date. Some cities may also require you to provide certain amounts of notice for specific reasons such as when there is severe weather or other emergencies that might prevent someone from giving proper notice.
For example, San Francisco requires that tenants give at least 30 days' notice before their arrival date and 10 days' notice before their departure date. These amounts increase during certain times of the year such as during holiday periods or when there are special events at work sites.
Many tenancy agreements do not include a section stating how the tenancy will continue after the stated time expires. The typical rule in this case is that the tenant can depart on the last day of a fixed-term tenancy without giving notice, and the tenancy will be terminated. This is known as a "walkaway" lease.
If there was no end date mentioned in the original agreement, then the tenant has until the end of the current term to decide when they want to move out. At that point, the tenant should give the landlord at least 30 days' notice of their intent to vacate. If the notice period is not complied with, then the tenant can be considered to have breached the contract and may be charged with unlawful detainer if they are still living in the property when the owner decides to terminate the rental agreement.
In some cases, such as where there is a long-term disability for the landlord or a family member, it may be difficult for them to find another tenant as soon as possible. If this is the case, they may allow the tenant to stay past the normal deadline to avoid having to find a new tenant immediately. However, they should make sure that they communicate this change in policy to any existing tenants so that they know what will happen to their lease.
Obtaining a refund of the tenancy deposit if a tenant vacates early. Unless the renter can demonstrate that he or she received the landlord's permission to terminate the agreement early, the tenant may have difficulty recovering the deposit. Tenants in this situation should talk with a housing expert to determine how they should go about recovering their deposit. Sometimes the lessor will allow the tenant to leave after a certain period of time even if there is no lease termination clause written into the agreement. In other words, the tenant would be able to keep part of his or her deposit as compensation for leaving earlier than expected.
At this point, the renter must vacate the premises. Giving your renters an early termination notice is entirely possible, as long as you follow local NSW rules and regulations to stay inside the legal framework. It's important to understand that if you force a tenant out before the end of their lease, they have grounds for eviction.
In some cases, such as when there is serious damage to the property requiring repair that cannot be completed during the notice period, you may be able to extend the termination date by giving new notice. The original notice period should be longer than 30 days to allow for this extension.
Most properties will require you to give at least 14 days' notice before you can withdraw consent for a service provider to enter the rental unit. This means that if you want to cancel your telephone contract or change your broadband provider, you will need to do so at least 14 days in advance. If you fail to do so, you will lose access to these services when your contract expires at the end of its term.
Tenants can also be asked to leave early without penalty if there are disputes between them and you need to resolve these issues prior to the end of your lease. For example, if your tenant causes significant damage to the property, you would not want them to remain after you have been forced to make repairs.
You can only cancel your fixed-term rental early if your agreement allows it or if you can persuade your landlord to do so. If your lease allows you to quit your fixed-term tenancy early, you have a "break clause." Your landlord cannot refuse to give you a new lease because you have a break clause. He or she can, however, charge you rent for any further period left on your existing lease. If your landlord does not want to give you a new lease, he or she can simply let you out of the apartment.
If you ask your landlord to cancel your lease, you need to do so in writing via email or post. You should explain why you want to leave and what your plans are after you leave. Most landlords will be happy to cancel your lease if they believe that it is in their interest to do so. They may charge you rent for any further period left on your current lease or try to find another tenant for the property. However, some landlords may prefer you to stay longer even if it is not in their interest to do so. In this case, they may try to force you to stay by raising your rent or creating other problems for you while you are still living there.